The aim of the course is to provide students with an adequate knowledge of contract law in the light of Italian and European regulation, case law and doctrine. The study of contracts is oriented in an international perspective, in accordance with the global market process. The study program focuses on the different characteristics of the contract law: freedom of contract, basic elements of the agreement, the process of formation, with particular attention to the most important reforms of the last twenty years (e.g., the reforms in consumer law). In the special section of the program, further studies on the system of sources of law, interpretation and on the system of warranties aim to promote a practical and analytical approach with a specific reflection on the legal method and on the need to identify the applicable law in relation to concrete interests.
General section: The agreement: from Roman law to the modern European law. Sources of integration of agreement. Acts of gift. The formation of agreement. The plurilateral agreement. The preliminary. The option. The first refusal. Basic elements of the agreement: assent, consideration, object and form. Accidental elements: condition, term, modus. The effects of the contract. The voidness, the voidability. The termination, the cancellation, the discharge. The voidness of protection. The agency. The simulation. The trust. The good faith. The obligation: the contractual liability and torts. Special section: 1) Complexity and unity of legal system. The pluralism of the sources of law. The fundamental and European principles. The control of constitutionality. Implied powers. The principle of subsidiarity. The division of competences. Typical and atypical negotiation. Interpretation and identification of appropriate legislation for the concrete case. Form prescriptions. 2) System of warranties in the sale. The warranty for eviction.
First part (88 hours): The general discipline of the contract.
Second part(24 hours): The profiles of the contract in the Italian and European sources system.
- C.M. BIANCA, Diritto civile, 3, Il contratto, Giuffrè, ult. ed. oppure F. GALGANO, Corso di diritto civile, Il contratto, Cedam, ult. Ed.
- P. PERLINGIERI, Il diritto civile nella legalità costituzionale secondo il sistema delle fonti italo-comunitario, I, Esi, ult. ed., cap. 5, 7 e 8.
- U. Grassi, Sistemi di tutela dell'acquirente, Napoli (Esi), 2015.
Oral exam aimed at evaluating the comprehension of the exam program and the realization of the didactic objectives